I.A. Ansari, J.

1. By making this application, under Section 482, Cr.PC read with Article 226 of the Constitution of India, the petitioner, who is accused in CR case No. 7774C/2007, has sought for setting aside and quashing the complaint, which has been filed by the Guwahati Municipal Corporation ('the GMC'), whereby the complainant has sought for prosecution of the present petitioner, as accused, under Section 417A(ii) of the Guwahati Municipal Corporation Act, 1971 ('the GMC Act'), and also directing issuance of process against the petitioner as accused.

2. The ground of challenge to the sustainability of the complaint, in question, is that Section 417A(ii)of the GMC Act has come into force on 21.8.2006, which provides that if any builder or promoter or owner erects or constructs or occupies any building in contravention of the provisions of the GMC Act, the rules and bye-laws made thereunder, except the provisions of compoundable limit as provided in the bye-laws, he shall be liable to be punished with imprisonment for a term of six months along with a fine of rupees ten thousand. According to the present petitioner, the construction of the building, in question, was alrea